Driver agrees to year in jail in accident that killed girl, 9

STOCKTON - A woman charged after she struck and killed a 9-year-old girl crossing the street has pleaded guilty to misdemeanor vehicular manslaughter.

Jennie Rodriguez-Moore

STOCKTON - A woman charged after she struck and killed a 9-year-old girl crossing the street has pleaded guilty to misdemeanor vehicular manslaughter.

Fourth-grader Juliana Radilla was crossing East Main Street at South Wagner Avenue with her motorized scooter Oct. 20, 2011, when she was hit by a van.

Her scooter caught on fire, causing Juliana severe burns, and she died from the collision.

The driver, 25-year-old Abelina Sarmiento, was charged with felony vehicular manslaughter in July, nine months after the impact. Prosecutors said she ran a red light while speeding.

Defense attorney Gilbert Somera said his client was not speeding, and she does not dispute that she might have run a red light. But, he said, Sarmiento's vision was impaired by the beaming sun.

A jury trial was scheduled to begin Tuesday, but attorneys announced the plea deal in the morning.

Sarmiento agreed to a 360-day sentence on the gross negligence charge downgraded from a felony to a misdemeanor.

Deputy District Attorney Steve Hahn said he opted to resolve the case after issues arose with conflicting witness statements and witness availability.

He also said that although a criminal jury is not supposed to consider Juliana was traveling with a motorized scooter - what could be viewed as contributing negligence in civil matters - in their decision whether to convict someone of a crime, some said it was an issue for them.

Hahn said the likelihood was high that jurors would have convicted Sarmiento of the even lesser charge of simple negligence, which might have carried community service rather than incarceration.

"So this is a trade-off," Hahn said.

In speaking to jury members, Hahn said most of them felt the deal was the right resolution.

Somera said Sarmiento has been remorseful.

"We didn't want to put the family through this trial," Somera said. "It's tragic for everyone involved.

"This could happen to anyone."

Somera said Sarmiento also has been traumatized by the tragedy.

Sarmiento is an undocumented immigrant who was raised in the U.S. since she was 3 or 4.

But Somera said she is a contributing member of society who had only stopped attending college to help her parents support the family. "She is a hard-working young girl," he said.